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06/27/2012 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 27, 2012 Present: Michael Boutzoukas Chair Duane Schultz Vice-Chair Sheila Cole Board Member James E. Strickland Board Member Sue A. Johnson Board Member Michael J. Riordon Board Member Wayne Carothers Board Member Also Present: Andy Salzman Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Nicole Sprague Secretary to the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES – May 23, 2012 Member Schultz moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of May 23, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. PUBLIC HEARINGS 3.1 Case 17-12 – Continued from April 25 and May 23, 2012 LOM Inc. 311 S. Gulfview Boulevard Banners & Flags/Attached Signs in Non-Residential Districts/Signage w/o Permits/Window Signs – Weaver No one was present to represent the owner. Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on February 13, 2012, following the first inspection. Violations at 311 S. Gulfview Boulevard relate to window signage that exceeds the maximum 24 square-feet allowed by Code. Property photographs on February 9 and March 7, 2012 showed 146 square-feet of Code Enforcement 2012-06-27 1 window signage. Property photographs on June 24, 2012, showed 89 square-feet of window signage. Member Schultz moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Weaver recommended compliance by July 19, 2012 or a fine of $200 per day be imposed. Member Schultz moved to enter an order requiring the Respondent to correct the violation on or before July 19, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $100 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on June 27, 2012, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that signage in the front windows of the business exceeds the amount permitted by Code. The Respondent(s) was/were not present. CONCLUSIONS OF LAW 3- The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) 1804.D, 3-1806.B.3.a, 4-1002, 3-1805.Q as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Community Development Code by July 19, 2012. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $100.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Mary Jo Weaver, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Code Enforcement 2012-06-27 2 Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 27th day of June 2012, at Clearwater, Pinellas County, Florida. 3.2 Case 25-12 Woody’s Funeral Home Inc. 800 S Martin Luther King Jr. Ave. Business Tax Receipt Required/Delinquent Business Tax Receipt – McMahan No one was present to represent the owner. Inspector Janet McMahan provided a PowerPoint presentation. A notice of violation was issued on April 12, 2012, following the first inspection. Violations at 800 S. Martin Luther King Jr. Avenue relate to delinquent BTRs (Business Tax Receipts) for FYs (Fiscal Years) 2009/10, 2010/11, and 2011/12. Property photograph on May 17, 2012 showed the front of the business. The business’ state license for “Funeral Director & Embalmer” was renewed in 2011 and will expire in 2013. The business has an active utility account with the City. In response to a question, Inspector McMahan reviewed her contacts with the business and stated the funeral home has been in business for at least 27 years and was brought before the board previously for this same problem. Member Cole moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector McMahon recommended compliance by August 27, 2012 or a fine of $125 per day be imposed. Member Cole moved to enter an order requiring the Respondent to correct the violation on or before July 17, 2012. If the Respondent does not comply within the time specified, the Board may order a fine of $125 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Code Enforcement Board on June 27, 2012, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that the business’ Business Tax Receipts are delinquent for Fiscal Years 2009/10, 2010/11, and 2011/12. The Respondent(s) was/were not present. Code Enforcement 2012-06-27 3 CONCLUSIONS OF LAW 29.30(1) The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) and 29.40(1) , as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Community Development Code by July 17, 2012. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $125.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Janet McMahon, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. DONE AND ORDERED this 27th day of June 2012, at Clearwater, Pinellas County, Florida. 3.3 Case 26-12 First M Corp Defined Benefit Pension Plan & Trust 708 Chestnut Street Exterior Surfaces – Weaver Property owner Sue Minkoff was present. Inspector Mary Jo Weaver provided a PowerPoint presentation. A notice of violation was issued on April 24, 2012, following the first inspection. Violations at 708 Chestnut Street relate to faded and peeling paint on the structure’s exterior surfaces. Property photographs on March 23, 2012 showed the front, rear, and side surfaces are dirty with mold or mildew and have faded and peeling paint. Property photographs on June 25, 2012 showed vines had been removed from the rear wall and a portion of the wall had been painted; remaining surfaces are unchanged. In response to a question, Ms. Weaver said paint had been applied to glass windows on the building. Property owner Minkoff admitted to the violation. Code Enforcement 2012-06-27 4 Member Strickland moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Weaver recommended compliance by July 31, 2012 or a fine of $200 per day be imposed. Property owner Minkoff offered to present a copy of a contract to sell the property to European Equities. She said European Equities plans to raze the structure and construct a Walgreen’s drug store, retail, and bank on the site. She said closure depends on the permitting process and is anticipated to occur by January 31, 2013, perhaps sooner. She did not want to paint a building that soon will be demolished. It was commented that issues with the property are ongoing, the area has homeless problems, and the City cleaned up the area behind this property. It was recommended that the compliance date be extended to January 2013, due to high costs and the waste of resources to prepare and paint a building that is scheduled for demolition. Code Compliance Manager Terry Teunis said staff did not oppose a limited time extension. Concerns were expressed that the City would be unable to check the progress of the contract if a lengthy extension is approved and that the building should have been maintained before now. It was suggested the building has been ugly for a while and can be ugly a little longer. It was noted that empty buildings flank the subject property. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before January 31, 2013. If the Respondent does not comply within the time specified, the Board may order a fine of $100 per day for each day the violation continues to exist. The motion was duly seconded. Discussion ensued with concerns expressed that the contract could fall apart and the building could remain in its current condition until late January or even into next summer if the contract closes as anticipated and construction is delayed. Attorney for the Board Andy Salzman said rather than implementing a fine or compliance date, the board could request a future status report and decide on the fine and compliance date at that time. Member Riordon withdrew his motion. The seconder agreed. Member Riordon moved to schedule a status report on Case 26-12 for the meeting of October 24, 2012. The motion was duly seconded and carried unanimously. 3.4 Case 27-12 - CANCELLED First M Corp Defined Benefit Pension Plan & Trust 708 Chestnut Street Abandoned Signs/Non-Conforming Signs – Weaver No action was taken 3.5 Case 28-12 - CANCELLED Diocese of SW FL Inc Code Enforcement 2012-06-27 5 3200 N McMullen Booth Road Portable Signs/Signage on Public Property/Banners & Flags/Excessive Signage/Signage without Permits - Weaver No action was taken. 4. UNFINISHED BUSINESS 4.1 Case 02-12 Affidavit of Non-Compliance Circle K Stores 1502 S Belcher Road Abandoned Signs/Non-Conforming Signs – Weaver 4.2 Case 18-12 Affidavit of Non-Compliance Victoria Morton 1419 Union Street Public Health Safety or Welfare Nuisance/Door & Window Opening - Franco 4.3 Case 03-12 Affidavit of Compliance Gilbert G. Jannelli 1411 Gulf to Bay Boulevard Abandoned Signs/Non-Conforming Signs – Weaver 4.4 Case 24-12 Affidavit of Compliance Sand Key Condo – S Beach Assn Inc Sea Turtle Nesting Areas – O’Neil 4.5 Case 39-11 Affidavit of Compliance Mainstream Partners VII LTD 350 Hamden Drive Public Nuisance Condition/Prohibited Mooring - Franco Member Schultz moved to accept the Affidavits of Compliance for Cases 39-11, 03-12 and 24-12 and to accept the Affidavits of Non-Compliance and issue Orders imposing fines for Cases 02-12 and 18-12. The motion was duly seconded and carried unanimously. 5. NEW BUSINESS: 5.1 Case 20-12– Request for Compliance Extension Hickory Grove Condo Association 9 Turner Street Roof Maint./Clean Roof/False Roof Elements – Schaar No one was present to represent the condo association. Attorney Salzman said the condo association has requested extending the compliance date from July 22 to mid August 2012. Normally, property owners work with City staff to extend compliance dates. After issuing an order, the MCEB (Municipal Code Enforcement Board) does not address cases again until after staff files Affidavits of Compliance or Non-Compliance. Code Enforcement 2012-06-27 6 Inspector Shelby Schaar said staff had requested a compliance date to ensure that the project stayed on track. Extending compliance to mid August would not be a problem for staff. By unanimous consent, the MCEB took no action on Case 20-12. 5.2 Cases PNU2008-02148 & PNU2010-00728 — Request for Fine Reduction Gerald W. Braden 1010 Palm Terrace Drive Nuisance Abatement (Lot Clearing) No one was present to represent the owner. Attorney Salzman said the PNU fines represent actual City costs to contract a third party to maintain the property. The City already paid for two lot clearings. The property can be sold with pending liens. Assistant City Attorney Leslie Dougall-Sides said the property has had two foreclosure actions; both were dismissed. There is no current foreclosure action. Discussion ensued with comments that the board should not establish new precedent by reducing the fine below City costs and property owners are responsible for the upkeep of their property. By unanimous consent, the MCEB took no action on Cases PNU2008-02148 and PNU2010-00728. 6. NUISANCE ABATEMENT LIEN FILINGS Dwayne A. Caron PNU2011-02267 11609 Belle Haven Drive 02-29-15-10926-000-0910 $290.21 Member Cole moved to accept the Nuisance Abatement Lien filing. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 2:19 p.m. Attest: Chair • Municipal Code En'orcement Board ELI.' 4 / - �. Secretary for the=•and f�� t:A%t,„ sc..3 qe Code Enforcement 41 1% ` ITER '-. 7